Catherine Amato, 63, was charged with driving while intoxicated after she nearly hit a San Antonio police officer's vehicle in February. The incident and actions of the DA's office that followed have been scrutinized by the media and become a talking point in the race for District Attorney Nico LaHood's seat. less

Catherine Amato, 63, was charged with driving while intoxicated after she nearly hit a San Antonio police officer's vehicle in February. The incident and actions of the DA's office that followed have been ... more

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Known as the "Subway Queen," Amato owns and operates multiple Subway and Ruby Tuesday restaurants in the area.

Known as the "Subway Queen," Amato owns and operates multiple Subway and Ruby Tuesday restaurants in the area.

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Amato is married to Charlie Amato, chairman and co-founder of SWBC and a Spurs shareholder.

Amato is married to Charlie Amato, chairman and co-founder of SWBC and a Spurs shareholder.

Photo: LELAND A. OUTZ/SPECIAL TO THE EXPRESS-NEWS

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An assistant DA dismissed the charge, an apparent contradiction of a police report and a search warrant affidavit.

An assistant DA dismissed the charge, an apparent contradiction of a police report and a search warrant affidavit.

Photo: Bob Owen, Staff / San Antonio Express-News

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Now Amato, right, is seeking to have all records of that case destroyed.

Now Amato, right, is seeking to have all records of that case destroyed.

Photo: Courtesy Photo

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Amato's attorney for the pending expunction is Rolando Ramos of Ramos & Del Cueto PLCC, where LaHood worked as a defense lawyer before he was elected. The case drew mild criticism from the two candidates seeking LaHood's seat in the November election. less

Amato's attorney for the pending expunction is Rolando Ramos of Ramos & Del Cueto PLCC, where LaHood worked as a defense lawyer before he was elected. The case drew mild criticism from the two candidates ... more

Photo: William Luther, Staff / San Antonio Express-News

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Tylden Shaeffer, Republican candidate for Bexar County District Attorney, said if elected he would "treat everybody fairly" and expect his assistant district attorneys to "make wise decisions."

Tylden Shaeffer, Republican candidate for Bexar County District Attorney, said if elected he would "treat everybody fairly" and expect his assistant district attorneys to "make wise decisions."

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Joe Gonzales, the Democratic candidate for LaHood's seat, told the Express-News Saturday that "anytime that someone appears to be getting preferential treatment...that should be a concern."

Joe Gonzales, the Democratic candidate for LaHood's seat, told the Express-News Saturday that "anytime that someone appears to be getting preferential treatment...that should be a concern."

Photo: JERRY LARA, Staff / San Antonio Express-News

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The most recent development in the scandal is "very unusual," according to a court services coordinator who has worked in the courts for 22 years.

The most recent development in the scandal is "very unusual," according to a court services coordinator who has worked in the courts for 22 years.

San Antonio police and the Bexar County District Attorney’s Office flatly denied Tuesday that video of a local San Antonio businesswoman’s arrest on suspicion of drunken driving “mysteriously vanished,” after the case abruptly was dismissed, then suddenly refiled.

Catherine Amato, who owns several Subway and Ruby Tuesday restaurants and is the wife of Charlie Amato, chairman and co-founder of SWBC and a Spurs shareholder, was charged in February with driving while intoxicated. The case was dismissed two months later because of “no probable cause found,” but was refiled Monday by District Attorney Nicholas LaHood.

San Antonio Police Officer’s Association President Mike Helle told the Express-News on Monday that video of Amato’s arrest “somehow mysteriously has vanished,” and that someone close to the case could not view it on the web portal the Police Department uses for in-dash and body cam videos, something he called “very, very, very unusual.”

“I was told specifically that as of last night, they were trying to view it and they could not find it,” he said.

San Antonio Police Chief William McManus was out of the country and unavailable, but Lt. Jesse Salame, assistant executive officer, confirmed that body and in-dash video exists of the arrest.

“We are aware of Helle’s claim about the video being missing. I don’t know where he got his information from but that is not a true statement,” said Salame. “We have body camera video along with the in-car dash camera video of the incident.”

A spokeswoman with the D.A.’s office also confirmed the video’s existence.

“I can acknowledge there is video,” said Leslie Garza, Bexar County Criminal District Attorney media liaison.

Amato was driving her BMW on Northwest Loop 410 on Feb. 26 when she was observed swerving and nearly colliding with other vehicles, according to the police report and an affidavit. The officer wrote that Amato was swaying on her feet, had a strong odor of alcohol, and open containers of vodka were found in her car and purse. She refused blood and breath samples, and a judge signed a warrant for a forcible blood draw. The DA's Office has not released those results.

When the case was dismissed in April, Amato sought to have all of her records destroyed, and an expunction hearing was scheduled, something Bexar County Clerk Gerry Rickhoff said moved fast, “like a rocket. A normal DWI case takes like a year.”

Both Helle and Salame explained that when officers are done with their shifts, they upload videos from body and dash cameras to a portal that only few can access.

But Salame said SAPD retains DWI reports in their records for 3,650 days, or 10 years.

“There’s no way that would have been erased or withheld under the retention period, which is set by our general manual and policy,” he said.

Videos routinely are entered into evidence during trials, although parts may be objectionable, for instance, if the defendant made any statements under certain cirumstances, said Judge Ron Rangel, who presides over the 379th state District Court and also teaches judicial decision making and judicial politics at the University of Texas at San Antonio.

“We would play the video and remove certain things that would violate the constitutional rights of the defendant,” he said.

This is the second time Amato has been charged with driving while intoxicated.

In 2016, Amato entered into a plea agreement with prosecutors, who granted her deferred adjudication and reduced her first DWI to a lesser “obstruction of a highway” charge. She also declined to provide breath and blood samples in that case.

Court records indicate Amato, 63, is scheduled to be arraigned June 6 in the new DWI case, which will be heard in County Court-at-Law No. 1, presided by Judge John D. Fleming. She faces up to 180 days in jail and a fine of up to $2,000 if convicted of the Class B misdemeanor.